Legal issues in Berthing deals can only be settled in the USA!
It is clear that both Norwegian Cruise Lines (NCL) and Disney Cruise Lines (DCL) had the BVI Ports Authority (BVIPA) and the Government ‘eating out of their hands’ over these Berthing agreements.
What is troubling to most local legal experts is that if there is a disagreement or dispute between the two cruise lines and the BVIPA over the Berthing agreements the Virgin Islands (VI) legal system has absolutely no legal jurisdiction.
In fact in the both agreements signed by the BVIPA and Government of the Virgin Islands released to the public after much media pressure and uncertainty, if disagreement arises it can only be settled in the United States legal system and not the VI.
Only in the USA
In the NCL agreement in section 29 it made clear the exclusive venue and choice of law. It states “The Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to the conflict of laws provisions thereof which would have the effect of causing another state’s laws to be applicable. The parties hereby irrevocably consent and submit in any suit, action or proceeding arising out of or relating to this Agreement or any transactions contemplated hereby (whether during the term hereof after its termination or expiration or in connection with its negotiation), to the exclusive jurisdiction of the United States District Court for the Southern District of Florida or if jurisdiction is not available therein, the jurisdiction of any court located in Miami Dade Country, Florida and waive any and all objections to such jurisdiction or venue that they may have under the laws of any state or country, including without limitation, any argument that jurisdiction, situs and/or venue are inconvenient or otherwise improper”.
The agreement went on to say, “each party further agrees that process may be served upon such Party in any manner authorized under the Laws of the United States or Florida, and waives any objections that such Party may otherwise have to such process.”
What is more of interest to the rights of the Virgin Islands’ Tax payers is that in the DCL section 17.7 the Agreement also gives exclusive rights for all legal disputes to be done in Florida USA, “and expressly waive all rights to trial by jury regarding any such matter.”
NDP & BVIPA sold us out!
One local Attorney who said he is an NDP supporter told our news site in a telephone interview he can only shake his head with this new revelation. “Now tell me what American judge will rule or be sympathetic to a foreign company or country over an American registered company in a dispute…this is a total sellout of the rights of the BVI…at least give a choice for both jurisdictions…we have an internationally recognized commercial court in the BVI…whoever negotiated this did not have the people’s interest in mind”, he said with much conviction.
Another person Jane who only wanted her first name to be used when told about what was in the agreement said “how can you waive a jury trial in a foreign country knowing what I know about the American legal system? Something is fishy about this whole deal…we need to go back to the drawing board as the BVI got screwed somewhere in this thing.”
It was this news site that first broke the news of the Berthing agreements that also shut out local taxi and tour operators and that the Cruise Lines will not be putting up a dime of their own money but instead the BVIPA is funding the project.
It is this news site’s understanding that the BVIPA Board has already approved a request for a loan from a local bank to fund the project.
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49 Responses to “Legal issues in Berthing deals can only be settled in the USA!”
Talking about corruption, tell me more about the Florida Bank Account.
like the reference to peasantry, which incidentally we all will become when they are finished with us!
Sorry to say-- this does NOT surprise me given the NDP's attitude and track record to big business, resorts, ignoring laws for friends, slight of hand and bullying. We all read the manifesto as being the gospel, but no one checked between the lines... Shame on us for being so naïve ourselves as to not hold ministers accountable-- and that includes the 1st and third for their parts-- SCB etc.-- YES they have their own violations - BUT-- it is these two who kept the heat on to ask questions-- something the public should be doing this. But we keep calling these activists crazy or alarmist. They got the last word. Ask to see if the government can be sued.